Section 7.6 Right of Listing Participant in Presentation of Counter-Offer

The Listing Participant has the right to participate in the presentation of any counter-offer made by the Seller. The Listing Participant does not have the right to be present at any discussion or evaluation of a counter offer by the purchaser or Lessee. However, if the Purchaser or Lessee gives written instructions to the Cooperating Participant/Subscriber that the Listing Participant not be present when a counter-offer is presented, then the Listing Participant has a right to receive a copy of the Purchaser’s or Lessee’s written instructions. Upon the written request of the listing broker who submits a counter-offer to the Cooperating Broker, the Cooperating Broker shall provide, as soon as practical, a written affirmation to the listing broker stating that the counter-offer has been submitted to the purchaser/buyers/tenants, or a written notification that the purchaser/buyers/tenants have waived the obligation to have the counter-offer presented. None of the foregoing diminishes the Cooperating Participant’s right to control the establishment of appointments for such presentations.


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